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Resolution in CHS AGM to ban pets
02-Jan-2025 (In Property Law)
My CHS in Pune has banned pets by a resolution in SGM.
1. AWBI guidelines for pets are guidelines - not law. Is it MUST for CHS to obey them?
2. How to file a complaint in Co-op court, Pune? In eCourt, litigants don't have menu to file case.
3. As per MC, this topic will be discussed in next AGM (7-8 months later). I don't have 1/5th members support to call for a SGM for this. How to expedite?
4. Can I just inform the MC that the resolution is illegal & get the pet without their permission?
A society cannot ban domestication of pets by its owners but can only frame rules in terms of hygiene and cleanliness when walking the pets within its premises. Pets cannot be banned by society. Feel free to contact me for seeking any legal advice as regards the same.
Helpful?
Adv. Prerna Shukla
Mumbai | 700+ Answers
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While the Animal Welfare Board of India (AWBI) guidelines are not legally binding, courts in India have often referred to them to ensure fair treatment of pet owners. The Supreme Court and various High Courts have held that outright bans on pets in housing societies violate fundamental rights under Article 21 of the Constitution (Right to Life and Personal Liberty). Therefore, the resolution passed by the CHS may be deemed illegal.
To challenge the resolution, you can file a dispute in the Cooperative Court under the Maharashtra Cooperative Societies Act, 1960. You will need to submit a written application along with supporting documents, such as the resolution and any correspondence with the Managing Committee. If eCourt filing is unavailable, consult a lawyer specializing in cooperative housing disputes to draft and submit your complaint.
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Adv. Jairam Chandnani
Mumbai | 5+ Answers
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